77344422Q0020.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

77344422Q0020

TABLE OF CONTENTS:

1. Listing of Incorporated Purchase Requisitions

2. Section B - Supplies or Services and Prices/Costs

3. Section C - Description/Specifications/Work Statement

4. Section D - Packaging and Marking

5. Section E - Inspection and Acceptance Terms

6. Section F - Delivery or Performance

7. Section G - Contract Administration Data

8. Section H - Special Contract Requirements

9. Section I - Contract Clauses

10. Section J - List of Documents, Exhibits, and other Attachments

11. Section K - Representations, Certifications, and Other Statements of Offerors

12. Section L - Instructions, Conditions and Notices to Offerors

13. Section M - Evaluation Factors for Award

1. Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

2. Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 Base Year: Int'l Tax Advisory Services

Contract Type:Fixed Price Level Of Effort Unit Price

Extended Price

Description:

International Tax Compliance Advisory Services for U.S. International Development Finance Corporation (DFC) in accordance with Section C, Statement of Work.

Period of Performance: April 11, 2022 to April 10, 2023.

Purchase Requisitions

IDC Type: Not Applicable FSC Codes: R710 Financial services (includes credit card services & a...

NAICS Code: 541211 Offices of Certified Public Accountants Manufacturer Part Number: 1314597 / 3126207

Supplies/Services Quantity Unit

0002 0001 Option Year 1: Int'l Tax Advisory Services

Contract Type:Fixed Price Level Of Effort Unit Price

Extended Price

Description:

International Tax Compliance Advisory Services for U.S. International Development Finance Corporation (DFC) in accordance with Section C, Statement of Work.

Option Year 1: APRIL 11, 2023 to APRIL 10, 2024.

Purchase Requisitions

Option: 1 Option Time Date: 4/11/23 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R710 Financial services (includes credit card services & a...

Supplies/Services Quantity Unit

0003 0001 Option Year 2: Int'l Tax Advisory Services

Contract Type:Fixed Price Level Of Effort Unit Price

Extended Price

Description:

International Tax Compliance Advisory Services for U.S. International Development Finance Corporation (DFC) in accordance with Section C, Statement of Work.

Period of Performance: April 11, 2024 to April 10, 2025.

Purchase Requisitions

Option: 2 Option Time Date: 4/11/24 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R710 Financial services (includes credit card services & a...

Supplies/Services Quantity Unit

0004 0001 Option Year 3: Int'l Tax Advisory Services

Contract Type:Fixed Price Level Of Effort Unit Price

Extended Price

Description:

International Tax Compliance Advisory Services for U.S. International Development Finance Corporation (DFC) in accordance with Section C, Statement of Work.

Period of Performance: April 11, 2025 to April 10, 2026.

Purchase Requisitions

Option: 3 Option Time Date: 4/11/25 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R710 Financial services (includes credit card services & a...

Supplies/Services Quantity Unit

0005 0001 Option Year 4: Int'l Tax Advisory Services

Contract Type:Fixed Price Level Of Effort Unit Price

Extended Price

Description:

International Tax Compliance Advisory Services for U.S. International Development Finance Corporation (DFC) in accordance with Section C, Statement of Work.

Period of Performance: April 11, 2026 to April 10, 2027.

Purchase Requisitions

Option: 4 Option Time Date: 4/11/26 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R710 Financial services (includes credit card services & a...

Clauses incorporated by reference

None

Clauses incorporated by full text

3. Section C - Description/Specifications/Work Statement

Statement of Work

INTERNATIONAL TAX ADVISORY SERVICES

The U.S. International Development Finance (DFC)

STATEMENT OFWORK (SOW)

BACKGROUND:

The U.S. International Development Finance Corporation (DFC) is the U.S. Government's development finance institution.

DFC partners with the private sector to finance solutions to the most critical challenges facing the developing world today. We invest across sectors including, but not limited to, energy, healthcare, critical infrastructure, and technology. DFC also provides financing for small businesses and women entrepreneurs to create jobs in emerging markets. DFC investments adhere to high standards and respect the environment, human rights, and worker rights.

DFC makes America a stronger and more competitive leader on the global development stage, with greater ability to partner with allies on transformative projects and provide financially sound alternatives to state-directed initiatives that can leave developing countries worse off. DFC's investments focus on impactful global development, advancing U.S. foreign policy, and generating returns for American taxpayers.

DFC supports development in emerging markets through:

• Debt Financing Direct loans and guaranties of up to $1 billion for tenors up to 25 years, with specific programs targeting small and medium U.S. businesses

• Equity Investments DFC direct equity investments can provide critical support to companies committed to creating developmental impact

• Feasibility Studies Support for the analysis of a potential DFC project

• Investment Funds Support for emerging market private equity funds to help address the shortfall of investment capital

• Political Risk Insurance Coverage of up to $1 billion against losses due to currency inconvertibility, government interference, and political violence including terrorism. DFC also offers reinsurance to increase underwriting capacity

• Technical Assistance Support to increase the developmental impact or commercial sustainability of existing DFC projects or develop potential DFC projects

SCOPE:

The U.S. International Development Finance Corporation DFC) is seeking to enter into a Firm-Fixed-Price Level-of-Effort contract to establish a U.S. based international tax agent to provide international tax advisory and filing services throughout the world, including the U.S., as the needs arise.

In order for DFC to provide its products in countries overseas, an Investment Incentive Agreements (IIA) is entered into between the U.S. and the foreign governments. An IIA governs DFC's tax liabilities and regulatory requirements related to its loans and investments in the country and generally exempts DFC from local regulations and tax liabilities. Many of these agreements were executed by DFC's predecessor, the Overseas Private Investment Corporation (OPIC), are still in effect, and applicable to the DFC, however, the IIAs may not have anticipated all the product offerings that are now being provided by the DFC. Therefore, unique tax and regulatory issues may arise that require the advice of experts on tax matters in particular countries. Periodically, DFC may need to renegotiate IIAs and may require tax advice related to the country to facilitate those negotiations. Potential vendors should be able to demonstrate that they have operations or affiliates in the countries where DFC operates and are prepared provide tax compliance advice or tax regulatory filing services, should they become necessary. For example, there is an immediate need to understand DFC's tax and regulatory obligations in India because of an equity investment in that country, and to file the necessary returns related to that investment.

Countries where DFC is open for business and copies of the relevant IIAs may be found at DFC's website at the following link https://www.dfc.gov/what-we-offer/eligibility/where-we-work.

DFC's workforce includes Personal Service Contractors (PSC). PSCs are unique in that they are not federal employees covered under federal civil service laws but instead are legally considered contractors. Although PSCs are technically contractors, for payroll and tax purposes they are treated as employees and DFC is subject to federal and state tax requirements for these individuals. DFC utilizes a third-party payroll processor who completes and files payroll tax forms for DFC, therefore the vendor will not be required to perform those services. However, on occasion DFC may require advice on the tax consequences of employee benefits or assistance with state payroll tax matters related to its workforce, including PSCs.

TYPE OF CONTRACT CONTEMPLATED:

The Government intends to Firm-Fixed-Price Level-of-Effort contract.

NAICS AND PSC CODE:

541211 - Offices of Certified Public Accountants

R710 - Support - Management: Financial, Includes: Credit Card Services

PERIOD OF PERFORMANCE:

The period of performance for the base period will be one year, with four annual options periods.

PLACE OF PERFORMANCE:

It is anticipated that the majority of work will take place off-site, at the contractor's facilities or designated workspaces.

GOVERNMENT INFORMATION:

DFC Government Furnished Information (GFI) will be provided on as needed bases to aid in the development of the support activities outlined in this statement of work. Documents may include, but are not limited to, any historical and/or contextual data relating to the order-level requirement. All information shall be considered Sensitive, but not classified.

PROPOSAL INSTRUCTIONS:

Proposals will include a written proposal not to exceed 5 pages, an hour-long oral presentation, and a price proposal that does not exceed 2 pages. Price proposals should include labor categories and rates anticipated for the requirement.

Vendors will be asked to provide an oral presentation to DFC personnel to discuss their qualifications and ability to meet DFC's requirements. Presentations are expected to take an hour and will be conducted virtually via Microsoft Teams or WebEx. Vendors should, at a minimum, address the following questions during the presentation.

1. How many overseas affiliates work with your firm, where are they located, what regions do they cover, and how do they align with DFC's areas of interest?

2. Does your firm provide proactive tax planning and advisory services for all areas covered?

3. Does your firm provide local as well as national level tax planning, advice, and preparation services in all areas you serve?

4. Does the firm produce publications to clients considering business possibilities in a new country or region?

https://www.dfc.gov/what-we-offer/eligibility/where-we-work

5. How does your firm handle tax disputes for clients, to what level, and in what capacity? (Do you represent the client or only provide information to the client's representative?)

6. What experience does your firm have handling sovereign-level tax issues for sovereign-level clients?

EVALUATION CRITERIA:

Award will be made to the Offeror(s): whose proposal conforms to the solicitation requirements; who is determined responsible in accordance with FAR Subpart 9; and whose proposal is judged, by an integrated assessment of price/cost and non-price evaluation factors, to provide the best value to the Government using procedures consistent with FAR 15. The best value process allows the Government to award a contract to other than the lowest priced proposal. Evaluators will consider the breadth and depth of the Offeror's capability to perform the service categories proposed. For purposes of this solicitation, breadth is defined as the extent to which the Offeror's experience and capabilities qualify them to perform all of service categories proposed. Depth is defined as the Offer's specific experience and capabilities to perform the service categories proposed in a specific region or project sector contained in the Statement of Work supporting international tax compliance services. For this requirement the best value basis will be determined by the Highest Technically Rated Offerors with a Fair and Reasonable Price.

Contractors Proposals will be evaluated using the following criteria:

Criterion 1: Technical Factors - The Government will use the Offeror's oral presentations and written submissions to evaluate the extent to which the Offeror has demonstrated it possesses the expertise, qualifications, and experience performing services of the same or similar nature as the SOW and the ability to meet the requirements of the SOW.

Criterion 2: Worldwide Reach - The proposal demonstrates the contractor's ability to serve as DFC's U.S. based tax agent and has operations or existing affiliates in the locations where DFC provides its services.

Criterion 3: Experience and Professional Expertise – The proposal should demonstrate the vendor's experience and expertise providing the requested services under the statement of work.

Criterion 4: Price Factor – The labor rates included in the proposal will be evaluated for reasonableness and competitiveness with other proposals. Price analysis will be used to evaluate the proposed ceiling hourly rates and price narratives for reasonableness in accordance with FAR Part 15 to ensure a fair and reasonable price. Price will not receive an adjectival rating. Annual escalation rates will be evaluated to determine balanced pricing for all potential periods of performance in task order awards.

In determining which proposals provide the best value to the Government, the non-price evaluation factors of Worldwide Reach and Experience and Professional Expertise are of equal importance. Technical factors are significantly more important than Price. Based upon the results of the assessment of the Technical and Price proposals, the Government may make awards to the Highest Technically Rated Offerors with a Fair and Reasonable Price.

4. Section D - Packaging and Marking

Packaging and Marking

SECTION D

PACKAGING AND MARKING

D.1 PACKAGING

Unless otherwise specified, packaging of all deliverables must conform to commercial packing standards to assure safe delivery at destination. Deliverables submitted by email shall include the contract number and project title in the subject line.

D.2 MARKING

All deliverables required under this contract shall be marked in accordance with Government specifications. At a minimum, all deliverables shall be marked with the contract number, project title, and contractor name.

D.3 PAYMENT OF POSTAGE AND FEES

All postage and fees related to the submission of information, including forms, reports, etc., to the CO, the COR, or the person(s) designated to receive, shall be the responsibility of the Contractor.

(End of Section D)

5. Section E - Inspection and Acceptance Terms

Supplies/Services will be inspected/accepted at:

Line Number Inspect At Inspect By Accept At 0001 Destination

1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

0002 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

0003 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

0004 Destination 1100 New York Avenue, NW Washington

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

DC

20527

US

0005 Destination 1100 New York Avenue, NW Washington

DC

20527

US

Government Destination 1100 New York Avenue, NW Washington

DC

20527

US

Article Number Reference Text 52.246-4 52.246-4 Inspection of Services-Fixed-Price (AUG 1996)

Inspection and Acceptance

SECTION E

INSPECTION AND ACCEPTANCE

E.1 ACCEPTANCE OF DELIVERABLES

Contract deliverables will be accepted by the Contracting Officer (CO) identified in Block 31 on page 1 of the award and by the Contracting Officer's Representative (COR).

E.2 ACCEPTANCE CRITERIA

The Contractor shall provide deliverables that are responsive to the statement of work and that meet the general acceptance criteria outlined. Final inspection and acceptance of all work performed, work products and other deliverables, will be performed by the Contracting Officer's Representative (COR).

All Contractor-produced documents and documentation (work products) shall meet the following general acceptance criteria.

Final inspection and acceptance of all work performed, reports and other deliverables will be performed at the place of delivery by the Contracting Officer's Representative (COR). The criteria below shall serve as minimal acceptable criteria.

a. Clarity: Work products and technical content shall be relevant and unambiguous and shall adhere to accepted elements of style. Presentations shall be easy to understand and be relevant to the supporting narrative.

b. Adherence to Requirements: Work products must satisfy the requirements of the work required and must contribute to the overall success of the task.

c. Format: Work products and deliverables shall be submitted in the format specified in the Deliverables section. If format is not specified in the Deliverables section of the contract, the Contractor shall submit all work products incompatible with Microsoft Office Suite products.

d. Completeness: Work products and deliverables shall be comprehensive and appropriately developed (i.e., have all parts or elements).

e. Timeliness: Work products and deliverables shall be available at the time required and generated on or before specified and mutually agreed to due dates or in accordance with a later mutually agreed to scheduled date.

f. Communication: Communication with client/customers shall be professional, clear, and concise. Communication, both verbal and non-verbal, always maintains the goal of working toward positive solutions.

g. File Documentation shall be organized and free of errors.

h. Significant Deficiencies: Work products shall be free of significant deficiencies. Significant deficiencies are findings by reviewing officials of serious omissions, inaccuracies, noncompliance with accounting requirements and standards, and failures to adhere to review protocols and accepted procedures. Examples of significant deficiencies include, but are not limited to the following:

• Omission of required documents.

• Documents that do not conform to approved standards for content and format.

• Review packages that are not organized.

• Documents with material errors or inadequacies.

• Review packages with record of required reviews and approvals.

(End of Section E)

6. Section F - Delivery or Performance

52.242-1 52.242-1 Notice of Intent to Disallow Costs (APR 1984)

52.242-4 52.242-4 Certification of Final Indirect Costs (JAN 1997)

52.242-15 Alt I 52.242-15 Stop-Work Order (AUG 1989) Alternate I (APR 1984)

52.249-14 52.249-14 Excusable Delays (APR 1984)

Deliveries & Performance

SECTION F

DELIVERIES & PERFORMANCE PERIOD

F.1 PERIOD OF PERFORMANCE

Periods of Performance for this contract is for Base Year and Four (4) Option Years.

The Options will be exercised at the discretion of the Government and there is no guarantee that the options will be exercised.

If an option is exercised, the period of performance shall be extended through the end of that option period.

The notification requirements for unilateral exercise of option periods will be set out by FAR clause 52.217–9.

F.2 DELIVERY

The services required shall be delivered and received by the Government within the time frame specified in the contract.

F.3 PLACE OF PERFORMANCE

The services provided under the contract will be completed off-site. Some meetings will require a visit to the DFC Headquarters that is located at:

1100 New York Avenue, NW

Washington DC 20527

F.4 NOTIFICATION TO THE GOVERNMENT OF DELAYS

Pre-award: Prior to the award, the Contractor shall determine if there are any risks to performance schedule identified in the contract SOW and notify the Government.

In the event the Contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or as soon as the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the CO, and the COR in writing of the cause and length of delay. This notification shall give pertinent details of the cause and anticipated length of the delay. This notification requirement shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract to include full or partial termination of the contract by default.

F.5 DELIVERABLES

For purposes of delivery, all deliverables shall be made by close of business (COB) 4:00 P.M. local time at destination, Monday through Friday, unless stated otherwise.

All deliverables submitted in electronic format shall be Section 508 Compliant and free of any known computer virus or defects. If a virus or defect is found, the initial deliverable will not be accepted. The Contractor shall provide a replacement file within one (1) business day after notification.

Any failure of the Contractor to adhere to a delivery schedule or a deliverable requirement may be reflected in the Contractor Performance Assessment Report (CPAR).

(End of Section F)

7. Section G - Contract Administration Data

Requesting Office Address

DFC

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

ELLETT, WILLIAM

william.ellett@dfc.gov

Property Administration Office Address

DFC

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

COR Office Address

DFC

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

LUKENS, RICHARD

Richard.Lukens@dfc.gov

Issuing Office Address

DFC

1100 New York Avenue, NW Washington DC 20527 Phone: Fax:

Contact Details:

PANCHOLI, MITAL

mital.pancholi@dfc.gov

52.232-1 52.232-1 Payments (APR 1984)

52.232-17 52.232-17 Interest (MAY 2014)

52.232-18 52.232-18 Availability of Funds (APR 1984)

52.232-20 52.232-20 Limitation of Cost (APR 1984)

52.232-22 52.232-22 Limitation of Funds (APR 1984)

52.232-23 52.232-23 Assignment of Claims (MAY 2014)

52.232-25 52.232-25 Prompt Payment (JAN 2017)

52.232-40 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (NOV 2021)

52.242-3 52.242-3 Penalties for Unallowable Costs (SEP 2021)

52.243-1 52.243-1 Changes-Fixed Price (AUG 1987)

Contract Administration Data

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 ACCOUNTING AND APPROPRIATION DATA

Accounting and appropriation data will be established at the award level.

G.2 PRIMARY GOVERNMENT ROLES AND RESPONSIBILITIES

The following subsections describe the roles and responsibilities of individuals and authorized users who will be the primary Points of Contact (POC) for the Government on matters regarding contract administration as well as other administrative information. The Government reserves the right to unilaterally change any of these individual assignments at any time.

G.2.1 Government Personnel

G.2.1.1 CONTRACTING OFFICER (CO)

The Contracting Officer is the only person authorized to make or approve any changes in any of the high-level work category requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and the contract will be operating at risk. No adjustment will be made in the contract terms and conditions, including price. Only the CO has the authority to:

(1) Authorize any changes in the performance work statement.

(2) Modify or extend the period of performance.

(3) Change the delivery schedule.

(4) Authorize reimbursement to the Contractor for any costs incurred during the performance of this contract.

(5) Otherwise change any terms and conditions of this contract.

Communications pertaining to the contract administration matters shall be addressed to the CO. No changes in or deviation from the scope of the work shall be affected without a supplemental agreement (contract modification) executed by the CO authorizing such changes.

The Contracting Officer for the Contract is:

Mital Pancholi

Sr. Contracting Officer – Office of Acquisition

U.S. International Development Finance Corporation (DFC)

1100 New York Ave, NW

Washington, DC 20527

+1 202.294.2453 mital.pancholi@dfc.gov

G.2.1.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)

Mr. Richard Lukens will be designated as the Contracting Officer's Representative (COR) for this contract. DFC may change the COR at any time without prior notification to the Contractor by a unilateral modification to the contract. The COR is:

Richard Lukens

Contracting Officer's Representative

U.S. International Development Finance Corporation (DFC)

1100 New York Ave, NW

Washington, DC 20527

+1 202.948.4066 richard.lukens@dfc.gov

The COR serves as technical liaison between DFC and the Contractor with respect to this contract. The COR is also responsible for the acceptance of all deliverables for this contract specified in SOW, and such other responsibilities as may be specified in the contract.

The COR is not authorized to make any commitments or otherwise obligate DFC or authorize any changes, which affect the contract pricing, and terms or conditions. Any Contractor's request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the expressed prior authorization of the CO.

G.2.1.3 LIMITATION OF AUTHORITY

Questions relating to the terms of the contract shall be referred to the Contracting Officer. No written or oral statement of the COR shall serve as a basis for modification of the terms of the contract, unless confirmed in writing by the CO.

If the COR, or any other DFC employee requests the Contractor to provide services which are outside the scope of the contract, the Contractor should promptly advise the CO immediately, preferably in writing if time permits. Note that providing services outside of this contract could result in nonpayment for those services.

G.3 GOVERNMENT FURNISHED PROPERTY

The Government will not provide property for the performance of the contract.

G.4 NON-PERSONAL SERVICES

mailto:mital.pancholi@dfc.gov mailto:richard.lukens@dfc.gov

No personal services, as defined by subpart 37.104 of the FAR shall be performed under this contract. No Contractor employee will be directly supervised by the Government. All individual employee assignments, and daily work direction, shall be given by the applicable employee supervisor. If the Contractor believes any Government action or communication has been given that would create a personal services relationship between the Government and any Contractor employee, the Contractor shall promptly notify the Contracting Officer.

G.5 AUTHORIZATION OF GOVERNMENT PAID TRAVEL

Although the Government does not anticipate a routine need for travel, Contractors may be required to perform travel CONUS or OCONUS to provide services as requested by the COR and approved in advance. The Contractor shall be responsible for obtaining all passenger transportation, lodging, and subsistence. Reimbursement of travel costs will be IAW FAR 31.205-46, Travel Costs. Costs for transportation, lodging, meals and incidental expenses incurred by the Contractor are allowable subject to FAR 31.205-46 and Federal Travel Regulation (FTR). The Contractor shall provide a request for travel with cost estimate to the COR for approval prior to commencement of travel. Requests for travel shall include the following information:

1. Name of traveler

2. Dates of travel

3. Destination(s)

4. Purpose of travel

5. Estimated transportation costs

6. Estimated lodging expense

7. Estimated meals and incidental expenses

8. Other expenses Reimbursable travel shall not be conducted prior to the appropriate funding being added to the contract, if applicable.

(End of Section G)

DFC-005 CONTRACT ADMINISTRATION AND MANAGEMENT

1.1 Contract Administration and Management

The following subsections specify requirements for contract, management, and personnel administration.

1.1.1 Contract Management

The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to performance of the contract. The contractor must maintain continuity between the support operations at various locations within the DFC and the contractor's corporate offices.

1.1.2 Contract Administration

The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in a timely fashion. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders.

The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on the requirement.

1.1.3 Personnel Administration

The contractor shall provide the following management and support as required. The contractor shall provide for employees during designated Government non- work days or other periods where Government offices are closed due to weather or security conditions. The contractor shall maintain the currency of their employees by providing initial and refresher training as required to meet the PWS requirements. The contractor shall make necessary travel arrangements for employees. The contractor shall provide necessary infrastructure to support contract tasks.

The contractor shall provide administrative support to employees in a timely fashion (time keeping, leave processing, pay, emergency needs).

1.1.4 Subcontract Management

The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations.

1.1.5 Project Management

For each Project, the contractor shall assign a project manager who shall be responsible for the deliverables as defined by the PWS. This individual will be responsible for coordinating internal teams and activities associated with the deployment of the services; prioritizing issues and change requests; providing internal communication of project schedule and status; and coordinating meetings and other joint activities between the Parties. General project management duties such as status reporting, scheduling of manpower and project deliverables, subcontractor administration and coordination, staff assignments, internal coordination meetings, deliverables and quality control (QC).

Prepare minutes from meetings, conferences and conference calls pertaining to Engineer's design efforts. Each Project Manager shall be responsible for providing timely management decisions as required or requested relating to the Project. The Project Manager shall provide to the Government COR a written report of the status of the Project as set forth in the PWS (no less than (1) per month). This methodology includes the following items: work breakdown structure, project schedule, responsibility matrix, risk plan and communication plan. PM is expected to provide adequate staffing resources appropriately qualified in the areas of expertise to meet the project requirements and established schedules.

COR may also designate Government Technical Representatives to work with PM on a specific Project. It is acknowledged and agreed that contractor's ability to meet Project milestone dates and deliverable requirements may, in whole or in part, be dependent upon Government's timely response to contractor's reasonable requests for reviews/approval of work products and co-cooperation requests made from time to time. PM shall be responsible for prompt notification of issues effecting project schedule to the COR and Contractor's management team of any corrective actions or recommendations to cure the delay or request change to the contract.

IPP-001 IPP-001. Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP)

Payment requests must be submitted electronically through the U.S. Department of the Treasury's Invoice Processing Platform (IPP) system or any successor site using the "Bill to Agency" of U.S. International Development Finance Corporation

- DFC.

"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions.

Commercial Items included in commercial item contracts. The IPP Homepage can be accessed at: www.IPP.gov.

New suppliers to IPP should contact DFC contracting officer. DFC will set up the supplier in IPP. The Contractor Government Business Point of Contact (as listed in SAM) will receive two registration emails from IPP with log in instructions prior to the contract award date, but no more than 5 - 7 business days after contract award date.

Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk Monday through Friday 8:00-6:00 EDT (except federal holidays) via email at:IPPCustomerSupport@fiscal.treasury.gov or by phone at (866) 973- 3131.

If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.

ONLY the Contracting Officer may authorize alternate procedures in writing in accordance with Treasury procedures.

(End of Custom Clause)

8. Section H - Special Contract Requirements http://www.IPP.gov.

mailto:IPPCustomerSupport@fiscal.treasury.gov

DFC-002 DFC-002. PLACE OF PERFORMANCE

Accomplishment of the results contained in this contract/PWS requires work at U.S. International Development Finance Corporation (DFC), 1100 New York Ave, NW, Washington, DC 20527. The Contracting Officer Representation (COR) may authorize remote work as required during performance of this contract. Normal DFC workdays are Monday through Friday except US Federal Holidays or Continuity of Operations (COOP) situation. DFC employees typically work eight (8) hours per day, 40 hours per week. Flextime workers start not earlier than 7:00 AM and not later than 9:15 AM. Business hours of work are from 8:15 AM to 5:00 PM daily.

The Contractor shall be responsible for establishing their work hours under this contract, except when access to a Federal facility is required, in which case the Government may limit the contractors access based availability of DFC employees.

However, contractor employees in possession of a valid HPDS-12 PIV-II Compliant Credential (e.g., LincPass) can work unaccompanied at government locations upon Government approval.

Weather and Security closures by their nature usually arise without advance notice. As such, the Government will notify the contractor as soon as possible once any closures have been announced. The contractor must ensure this contingency can be met to continue performance of assigned work remotely.

CONTINUITY OF OPERATIONS (COOP)

Telework is an integral part of helping the federal government preserve its essential functionality during continuity of operations events, public health emergencies, severe weather situations, and other emergency situations where employees may not be able to work from their normal site. In the event adequate space is not available to house the personnel required for specific task(s) or in the unlikely event that DFC declares a Continuity of Operations (COOP) situation, the Contractor shall provide (with approval and authorization from the COR) the required climate controlled space conducive to continuing the performance of the task at hand including the following:

• All utilities, telephones, high speed internet, etc.

• Office equipment/furnishing(s) and supplies

Basic computer equipment and software either Government Furnished Equipment (GFE) or owned by contractor must be coordinated with Office of Information Technology (OIT) to ensure all information and technology (IT) requirements are satisfied. With the direction and assistance of the Government representative(s), the Contractor shall provide the appropriate network connectivity as required for information systems access. There shall be no reimbursement for cost differential between Government and Contractor for contractor staff authorized to work remote.

52.216-1 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a Firm-Fixed-Price Level-of-Effort resulting from this solicitation.

(End of provision)

52.216-7 52.216-7 Allowable Cost and Payment (AUG 2018)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) Subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs.

(1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only-

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made-

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates.

(1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year;

and the subcontractor name, address, and point of contact information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf.

(C) Identification of prime contracts under which the contractor performs as a subcontractor.

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).

(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.).

(G) Management letter from outside CPAs concerning any internal control weaknesses.

(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section.

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.

(K) Federal and State income tax returns.

(L) Securities and Exchange Commission 10-K annual report.

(M) Minutes from board of directors meetings.

(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed…